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HomeMy WebLinkAboutC32930 - Rmbrsmnt Agmt - ROW Imprvmnt of Portola AveContract No. C32930 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT _ � X REQUEST: APPROVE THE FUTURE REIMBURSEMENT AGREEMENT (CONTRACT NO. C ) BETWEEN THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND THE CITY OF PALM DESERT TO PURCHASE RIGHT-OF-WAY AND CONSTRUCT THE FUTURE IMPROVEMENT OF PORTOLA AVENUE AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT SUBMITTED BY: DATE: CONTENTS: Recommendation Mark Greenwood, P.E., Director of Public Works June 27, 2013 Future Reimbursement Agreement By Minute Motion: 1. Approve the Future Reimbursement Agreement (Contract No. C ) between the Coachella Valley Association of Governments (CVAG) and the City of Palm Desert to purchase right- of-way and construct the future improvement of Portola Avenue; and 2. Authorize the Mayor to execute said agreement. Backqround CVAG administers the funding provided through Measure A for transportation projects that are of regional importance. In 2010, CVAG conducted an update of the Transportation Project Prioritization Study (TPPS) to prioritize the various street segments throughout the Coachella Valley that need to be constructed or improved. The future improvements planned for Portola Avenue between Highway 111 and Magnesia Falls is identified as a qualifying project in the TPPS and is entitled to receive 75 percent reimbursement for eligible project costs, which includes costs associated with right-of-way acquisition. Staff Report Approve Future Reimbursement Agreement with CVAG (Contract No. C�2930 Page 2 of 2 June 27, 2013 Staff is currently in negotiation to purchase the final piece of right-of-way required for the future improvement of this segment of Portola Avenue just north of Fred Waring Drive, and has requested that CVAG enter into a funding agreement to provide the aforementioned reimbursement. The CVAG Executive Committee approved the agreement on June 2, 2013, and the City Attorney has reviewed and approved this agreement. It must be noted that reimbursement will not occur until other similarly (and relatively low) ranked projects in the TPPS begin to be funded, which is likely to be some time beyond 2020. Fiscal Analvsis There is no fiscal impact associated with the approval and execution of this agreement. However, should the negotiations to purchase the property under negotiation be successful, the City will provide the initial funding for the purchase with reimbursement to be made in the future. Depart t ✓'/ Mark Gre�n�r� Director of P�u A proval: �� oh M. Wohlmuth, City Manager /' � J� � � Paul S. i son, Director of Finance CITY COUNCILACTIOM APPROVED �✓ DF.NiED RECEIVED OTHER M�FTING DATE /�-� �-:�nl� AYP:S: ��'�1Cnn . ����%t�n/fP,� l ,,�,f�[j� ,�/!3 in I NOi:S: � l �'>n�' A1RS�;NT: u ��1�" AI�S�I'AIN: �►1L V�: i� � I-'t F:I) PY: �._�..�.._.j�....�.1" Ori�;6�t�►9 0�� G'ile ���iti► t;ity �lio•1e'S t)��c G:IPub WorkslSta(/ Reports12013Uune 2T05 Approve Future Reimbursement Agrmnt (or NW Comer of Portola Ave1SR Approve Future Reimb Agrmnt for NW Corner o! Porto/a.rtf Contract No. C32930 FUTURE REIMBURSEMENT AGREEMENT IN ACCORDANCE WITH POLICY 13•02 BY AND BETWEEN COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND THE CITY OF PALM DESERT FOR THE PROJECT TO PURCHASE RIGHT OF WAY AND CONSTRUCT THE IMPR4VEMENT FOR PORTOLA AVENUE AT THE NORTHWEST CORNER OF FRED WARING DRIVE THIS AGREEMENT, effective this 3rd day of June, 2013, by and between the City of Palm Desert, a California City (Agency), and the Coachella Valley Association of Governments (CVAG), a California joint powers agency, and is made with reference to the following background facts and circumstances: The Transportation Project Prioritization Study, a Coachella Valley-wide study prepared and regularly updated under the auspices of CVAG, has identified various transportation and highway projects throughout the Coachella Valley as projects of regional irnportance (Qualifying Projects); and, Approval of a highway financing measure by the voters of Riverside County in November 1988, (Measure A), as well as the approval of an extension of Measure A by the voters in November 2002, has created a source of funds with which to construct and/or rehabilitate Qualifying Projects; and, CVAG, by agreement with its member agencies and with the Riverside County Transportation Commission (RCTC), has been designated as the agency through which such Measure A funds are to be conveyed and disbursed for the purpose of completing Qualifying Projects; and, The CVAG Executive Committee, on July 31, 2006, approved the implementation of the amended Transportation Uniform Mitigation Fee (TUMF) Ordinance to increase the collected TUMF, effective January 1, 2007. The TUMF is a component of Measure A structured to collect additional funds needed to increase the capacity of regional highways and roadways within CVAG's jurisdiction through a fee imposed on future residential, commercial and industrial development within CVAG's jurisdiction. The TUMF funds may be used to fund capacity enhancement costs of Qualifying Projects; and, Agency has identified a transportation project of regional importance known as the Project to purchase Right of Way and Construct the Improvements for Portola Avenue at the northwest corner of Fred Waring Drive, (hereinafter, the "Project"). The Future Project is located within the City of Palm Desert (the Responsible Jurisdiction). The property to be purchased for this Future Project is more particularly known as the address of 43878 Portola Avenue. The Responsible Jurisdiction is a member jurisdiction of CVAG; and, Agency desires to serve as the lead agency managing the purchase of property for the Future Project; and, Under CVAG's policy of funding Qualifying Projects by member jurisdictions, effective January 1, 2007, the responsible jurisdiction(s) will be responsible for paying Twenty-five Percent (25%) of the project costs (the Local Share), as well as any Contract No. C32930 ineligible project costs, and CVAG will be responsible for Seventy-five Percent (75%) of eligible project costs (the Regional Share). Historically, the CVAG Regional Share has been paid as a reimbursement to the jurisdiction serving as the lead agency managing a Qualifying Project, as invoices are submitted and approved; and, CVAG desires to use Measure A funds and TUMF funds collected at some point in the future to financially support the Project; and, The total estimated cost �of right of way acquisition for the Future Project is not yet known. Agency desires to purchase the necessary property while land prices are currently low; and, NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the parties do agree as follows: 1. The program embodied in this Agreement for the reimbursement of funds by CVAG shall apply only to those regional arterial projects that have heretofore been identified in the CVAG 2010 TPPS updated list of projects. The Project is one of those projects and is therefore eligible. This project will receive future reimbursement in accordance with Future Reimbursement Policy 13-02, approved by the CVAG Executive Committee at their meeting of January 25, 2013. The scope of work for the Project is more particularly described in Exhibit "A," entitled "Scope of Services," attached hereto and made a part hereof. The cost estimate for the Project is more particularly described in Exhibit "B," entitled °Estimate of Cost," attached hereto and made a part hereof. The cost estimate includes a calculation intended to allow Agency to recover an amount representing the Eligible Project Costs, as defined in Section 4. Subject to the terms herein, the amount of the Local Share and the Regional Share shall be calculated by reference to the cost estimates as shown on Exhibit "B." Exhibit "C," attached hereto and made a part hereof, is the "Project Schedule." Exhibit "D," attached hereto and made a part hereof, is "Future Reimbursement Policy 13-02." Exhibit "E," attached, is an excerpted page from the CVAG 2010 Transportation Project Prioritization Study list of same priority ranked projects as the Project. 2. The Agency shall open escrow for acquisition of the property at 43878 Portola Avenue within two (2) years of the effective date of this Agreement. 3. The total estimated cost of the property at 43878 Portola Avenue is not yet known. The Regional Share to be paid by CVAG shall not exceed 75% of the Final Property Cost. The Regional Share shall be used to reimburse Agency for Eligible Costs. The Agency shall be responsible for paying or securing the payment of the Local Share of the Final Property Cost. In addition, the Agency shall be responsible for paying or securing the payment of Ineligible Project Costs, as defined in Section 5. 4. The Project costs eligible for advanced payment or reimbursement by CVAG (Eligible Project Costs) may include the following items: (1) Agency and/or consultant costs associated with direct Project coordination and support; (2) funds expended in preparation of preliminary engineering studies and design drawings; (3) funds expended for preparation of environmental review documentation that may be required; (4) all costs associated with right-of-way acquisition, including costs associated with engineering, appraisal, legal costs for condemnation proceedings; (5) costs Contract No. C32930 reasonably incurred for any condemnation proceedings required; (6) Agency and/or consultant costs incurred for the preparation of plans, specifications and estimates; (7) Agency costs associated with the competitive bidding process; (8) construction costs, including change orders; (9) construction management and field inspection; and (10) Agency administrative costs to manage and administer completion of the Project. Notwithstanding the foregoing paragraph, any costs associated with excess property purchased to secure the necessary right-of-way for the Project will be shared between the Regional Arterial Program and the jurisdiction where the property is located. Excess property purchased to secure the necessary right-of-way will be disposed of in the best interests of the Regional Arterial Program, in order to recapture funds expended. Any recaptured funds will reduce the overall cost of the Project. 5. The Project costs ineligible for advanced payment or reimbursement by CVAG (Ineligible Project Costs) shall include the following: expenses for work items not included on the Scope of Services. 6. The typical protocol for construction of regional transportation projects is for CVAG to enter a Reimbursement Agreement with our participating jurisdiction(s) when a qualified regional transportation project in that jurisdiction rises to a sufficient level in the TPPS priority point system to receive immediate regional funding. In this manner the participating jurisdiction(s) will enter the appropriate contracts/ agreements with consultants, contractors, etc., the jurisdiction(s) will pay the invoices for work performed under their contracts/ agreements, and then submit those invoices to CVAG, with required supporting documentation, for CVAG to then reimburse the jurisdiction(s) for all qualified work elements. However, some jurisdictions desire to construct regional transportation projects before those projects rise to the priority level necessary in the TPPS to achieve immediate CVAG funding participation. Future Reimbursement Policy Number 13-02 provides for setting a future date at which a jurisdiction completing a project ranked below the top 10% in the current TPPS could anticipate being considered for reimbursement. Followina an uadate of the TPPS, if the averaae of the updated rankings of all those previouslv qrouped proiects from the earlier dated TPPS now falls within the top 10% of project rankings in the updated TPPS, the earlier constructed project now will be eligible for reimbursement. There will be no interest accrued on the project's approved costs: 6.1. Agency shall be responsible for initial payment of all Eligible Project Costs as they are incurred. Following payment of such costs, Agency shall submit invoices to CVAG requesting reimbursement of the Regional Share of the Eligible Project Costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to Agency, and documents evidencing Agency's payment of the invoices or demands for payment. Agency shall also submit a Project Completion Report detailing that completion status of the Project, in a form acceptable to CVAG, with each statement. Agency shall submit invoices not more often than monthly and not less often than quarterly. 6.2. During the construction phase of the Project, the invoices submitted by the Agency must distinguish between costs and items that may be paid by CVAG with Measure A funds, items that may be paid by CVAG with TUMF funds, and all other costs and items. To this end, Agency shall, at the design stage of the Project, identify a project specific ratio, "Project Ratio", for the construction phase of the project Contract No. C32930 that distinguishes between "Capacity Enhancement" items, "Rehabilitation" items or "Other" items. Agency shall apply that "Project Ratio" to the project construction cost and provide CVAG with supporting documents that will clearly identify "Capacity Enhancement" costs, eligible for payment with TUMF revenues, "Rehabilitation" costs, eligible for payment with Measure A funds, and Other costs that are not eligible for reimbursement by CVAG. All invoices submitted to CVAG for reimbursement shall include a table identifying "Capacity Enhancement" costs eligible for payment with TUMF funds, "Rehabilitation" costs eligible for payment with Measure A funds, and other costs that are not eligible for reimbursement by CVAG. 6.3. Upon receipt of an invoice from Agency, CVAG may request additional documentation or explanation of the Project costs. Undisputed reimbursement amounts shall be paid by CVAG to Agency within thirty (30) days. In the event that CVAG disputes the eligibility of items submitted by Agency for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in a good faith attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the Agency may appeal to the CVAG Executive Director. The CVAG Executive Director shall provide his/her decision in writing. If the Agency disagrees with the decision of the CVAG Executive Director, the Agency may appeal the decision of the CVAG Executive Director to the full CVAG Executive Committee, provided that the Agency submits such appeal within ten (10) business days of the CVAG Executive Director's written decision. The decision of the CVAG Executive Committee shall be final. 6.4. If a post-payment audit or review indicates that CVAG has provided reimbursement to Agency in an amount in excess of the Regional Share of Eligible Project Costs, or has provided reimbursement of Ineligible Project Costs, Agency shall reimburse CVAG for the excess or ineligible payments within thirty (30) days of written notification by CVAG. 7. Prior to any final payment to Agency by CVAG, a final report shall be submitted to CVAG by Agency containing a record of all payments made for the Project and the source of funds of all such payments, together with a record of all change orders, cost over-runs, and other expenses incurred. Final payment will thereafter be paid by CVAG in accordance with the terms and conditions in this Agreement. 8. The format used for all bids solicited by Agency for the Project shall require itemization sufficient to allow quantities of each bid item to be easily discernible. It shall . be the responsibility of Agency to determine what quantity is for Capacity Enhancement and/or Rehabilitation, and to provide CVAG staff with that information. 9. The parties agree that should unforeseen circumstances arise which result in new work not covered in Exhibit "A," an increase of any costs over those shown in Exhibit "B," or other changes in the Scope of Work are proposed, CVAG will in good faith consider an amendment to this Agreement to provide for further appropriate reimbursement if the proposed amendment is in accordance with the policies, procedures, and cost determination/expense eligibility criteria adopted by CVAG. Non- Contract No. C32930 substantive changes may be made to this agreement subject to CVAG's General Counsel's approval. 10. Agency shall maintain an accounting of all funds received from CVAG pursuant to this Agreement in accordance with generally accepted accounting principles. Agency agrees to keep all Project contracts and records for a period of not less than three (3) years from the date a notice of completion is filed by the Agency on such Project; or, if the Project is not one as to which a notice of completion would normally be recorded, for three (3) years from the date of Project completion. Agency shall permit CVAG, at any reasonable time, upon reasonable notice, to inspect any records maintained in connection with the Project. CVAG shall have no duty to make any such inspection and shall not incur any liability or obligation by reason of making or not making any such inspection. 11. The occurrence of any one or more of the following events shall, at CVAG's option, constitute an event of default (Event of Default) and Agency shall provide CVAG with immediate notice thereof. 11.1. Any warranty, representation, statement, report or certificate made or delivered to CVAG by Agency or any of Agency's officers, employees or agents now or hereafter which is incorrect, false, untrue or misleading in any material respect; 11.2. Agency shall fail to pay, perForm or comply with, or otherwise shall breach, any obligation, warranty, term or condition in #his Agreement or any amendment to this Agreement, or any agreement delivered in connection with the Project; or, 11.3. There shall occur any of the following: dissolution, termination of existence or insolvency of Agency; the commencement of any proceeding under any bankruptcy or insolvency law by or against Agency; entry of a court order which enjoins, restrains or in any way prevents Agency from paying sums owed to creditors. 12. No waiver of any Event of Default or breach by one party hereunder shall be implied from any omission by the other party to take action on account of such default, and no express waiver shall affect any default other than the default specified in the waiver and the waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by one party to or of any act by the other party shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent or similar act. 13. This Agreement is made and entered into for the sole protection and benefit of CVAG and Agency and no third person shall have any right of action under this Agreement. 14. It is the intent of the Agency and CVAG that the Project be represented as being funded by Measure A/TUMF funds. All public notices, news releases, and documents shall indicate that the Project is being cooperatively developed by the Agency, RCTC, and CVAG using Measure A/TUMF funds. Prior to initiation of on-site construction, Agency agrees to provide at least one "Project Sign" to be placed in a safe and visible location near the site of construction so that all travelers passing the location Contract No. C32930 have the opportunity to observe who the agencies are that are providing funds for the construction of the Project. CVAG shail provide a guide for the Project Sign format. 15. This Agreement is for funding purposes only and nothing herein shall be construed so as to constitute CVAG as a party to the construction or in ownership or a partner or joint venturer with Agency as to the Project. The Agency shall assume the defense of, indemnify and hold harmless CVAG, its member agencies, and their respective officers, directors, agents, employees, servants, attorneys, and volunteers, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put by reason of or resulting from the actions or inactions of the Agency related to the Project or taken in the perFormance of this Agreement or any agreement entered into by Agency with reference to the Project. CVAG shall assume the defense of, indemnify and hold harmless the Agency, its officers, directors, agents, employees, servants, attorneys, and volunteers, and each of them, from and against all actions, damages, claims, losses, and expenses of every type and description to which they may be subjected or put by reason of or resulting from the actions of CVAG taken in the perFormance of this Agreement. 16. Agency agrees to include in its contract specifications and bid documents a requirement that all prime contractors shall name CVAG and its member agencies as "also insured" on all liability insurance coverage required by Agency on each contract. Agency will provide a copy of the Insurance Certi�cate to CVAG, depicting CVAG and its member agencies as "also insured," within 30 days of signing a contract with the prime contractor. 17. Any dispute concerning a question of fact arising under this Agreement that is not disposed of by voluntary negotiations between the parties shall first be decided by the CVAG Executive Director or designee, who may consider any written or verbal evidence submitted by Agency. This decision shall be issued in writing. However, no action in accordance with this Section shall in any way limit either party's rights and remedies through actions in a court of law with appropriate jurisdiction. Neither the pendency of dispute nor its consideration by CVAG will excuse Agency from full and timely performance in accordance with the terms of this Agreement. 18. Any agency receiving federal funds must have an approved Disadvantaged Business Enterprise program. All recipients of Federal Highway Administration (FHWA) funds must carry out the provisions of Part 26, Title 49 of the Code of Federal Regulations (CFR) which established the Federal Department of Transportation's policy supporting the fullest possible participation of firms owned and controlled by minorities and women in the Department of Transportation programs. Except to the extent that such or other contrary federal regulations may apply, Agency covenants that, by and for itself and all persons claiming under or through it, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. 19. Agency warrants that all aspects of the Project shall be undertaken in compliance with all applicable local, state and federal rules, regulations and laws. Agency will execute and deliver to CVAG such further documents and do other acts and Contract No. C32930 things as CVAG may reasonably request in order to compiy fuliy with ail applicable requirements and to affect fully the purposes of this Agreement. 20. This Agreement may not be assigned without the express written consent of CVAG first being obtained. 21. Agency, its successors in interest and assigns shall be bound by all the provisions contained in this Agreement. 22. No officer or employee of CVAG shall be personally liable to Agency or any successor in interest, in the event of any default or breach by CVAG or for any amount with may become due to Agency or to its successor, or for breach of any obligation of the terms of this Agreement. 23. Notwithstanding any other provision herein, CVAG shall not be liable for payment or reimbursement of any sums for which CVAG has not �rst obtained the necessary and appropriate funding from TUMF and/or Measure "A" monies. 24. No officer or employee of CVAG shall have any personal interest, direct or indirect, in this Agreement; nor shall any such officer or employee participate in any decision relating to this Agreement which effects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any state, federal or local law. 25. Agency warrants that the funds received by CVAG pursuant to this Agreement shall only be used in a manner consistent with CVAG's reimbursement policy and all applicable regulations and laws. Any provision required to be included in this type of agreement by federal or state law shall be deemed to be incorporated into this Agreement. 26. All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing, such as Federal Express or UPS); sent by telecopier or facsimile machine capable of confirming transmission and receipt; or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers: If to Agency: John Wohlmuth, City Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Telephone: 760-346-0611 FAX No.: 760-340-0574 If to CVAG: CVAG 73-710 Fred Waring Drive, Suite 200 Palm Desert, CA 92260 Telephone: (760) 346-1127 FAX No.: (760) 340-5949 Contract No. C32930 Notices sent in accordance with this paragraph shail be deemed delivered upon the next business day foliowing the: (i) date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally delivered by other means); (iii) date of transmission (if sent by telecopier or facsimile machine); or (iv) the date of delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be given by written notice in the manner detailed in this paragraph. 27. This Agreement, and the exhibits herein, contain the entire agreement between the parties and is intended by the parties to completeiy state the agreement in full. Any agreement or representation respecting the matter dealt with herein or the duties of any party in relation thereto not expressly set forth in this Agreement is null and void. 28. If any term, provision, condition, or covenant of this Agreement, or the application thereof to any party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 29. In the event either party hereto brings an action or proceeding for a declaratian of the rights of the parties, for injunctive relief, for an alleged breach or default, or any other action arising out of this Agreement, or the transactions contemplated hereby, the prevailing party in any such action shal! be entitled to an award of reasonable attorneys' fees and costs incurred in such action or proceeding, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment. 30. Time is of the essence in this Agreement and each and every provision hereof in which time is an element. 31. This Agreement and all documents provided for herein shall be governed by and construed in accordance with the laws of the State of California. Any litigation arising from this Agreement shail be adjudicated in the courts of Riverside County, Desert Judicial District, State of Caiifornia. 32. Agency warrants that the execution, delivery and pertormance of this Agreement and any and al! related documents are duly authorized and do not require the further consent or approval of any body, board or commission or other authority. 33. This Agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument. Contract No. C32930 IN WITNESS WHEREOF, the pa�ties hereto have caused this agreement to be executed by their duly authorized representatives on this date: ATTEST: sy: City Clerk APPROVED AS TO FORM: By: City Attorney ATTEST: By: Tom Kirk Executive Director CITY OF PALM DESERT By: CVAG Mayor t, By: `-P�,e ►..,� osep De Coninck Chair Contract No. C32930 EXHIBIT "A" SCOPE OF SERVICES FUTURE REIMBURSEMENT AGREEMENT IN ACCORDANCE WITH POLICY 13-02 BY AND BETWEEN COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND THE CITY OF PALM DESERT FOR THE PROJECT TO PURCHASE RIGHT OF WAY AND CONSTRUCT THE IMPROVEMENT FOR PORTOLA AVENUE AT THE NORTHWEST CORNER OF FRED WARING DRIVE The City of Palm Desert is requesting regional funding support for the acquisition of right of way for the future improvement of Portola Avenue at the northwest corner of Fred Waring Drive. The property to be acquired is more particularly described as 43878 Portola Avenue. The project is ranked at 132 out of 247 buildable segments in CVAG's 2010 Transportation Project Prioritization Study, which has led the parties into entering a Future Reimbursement Agreement in accordance with Future Reimbursement Agreement Policy 13-02. Contract No. C32930 EXHIBIT "B" ESTIMATE OF COST FUTURE REIMBURSEMENT AGREEMENT IN ACCORDANCE WITH POLICY 13-02 BY AND BETWEEN COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND THE CITY OF PALM DESERT FOR THE PROJECT TO PURCHASE RIGHT OF WAY AND CONSTRUCT THE IMPROVEMENT FOR PORTOLA AVENUE AT THE NORTHWEST CORNER OF FRED WARING DRIVE The tata! estimated cost of the property at 43878 Portola Avenue is not yet known. The Regiona! Share to be paid by CVAG shall not exceed 75% ot the Final Property Cost. The Regional Share shall be used to reimburse Agency for Eligible Costs. Agency shall be responsible for paying or securing the payment of the Local Share of the Final Property Cost. In addition, the Agency shail be responsible for paying or securing the payment of Ineligible Project Costs. The total estimated cost of acquisition of the single property and construction of the project to improve the northwest corner of Portola Avenue at Fred Waring Drive is $800,000. Contract No. C32930 EXHIBIT "C" PROJECT SCHEDULE FUTURE REIMBURSEMENT AGREEMENT IN ACCORDANCE WITH POLICY 13-02 BY AND BETWEEN COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND THE CITY OF PALM DESERT FOR THE PROJECT TO PURCHASE RIGHT OF WAY AND CONSTRUCT THE IMPROVEMENT FOR PORTOLA AVENUE AT THE NORTHWEST CORNER OF FRED WARING DRIVE This is an important project to the City of Palm Desert. While construction of this project is not planned to be immediately undertaken, acquisition of the remaining right of way is scheduled while land prices remain relatively low. The City will be the Lead Agency for this proposed land acquisition. The City anticipates property acquisition to be complete in late-2013. 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